Los Angeles daily herald., 1887-07-22
DAILY HERALD.
THE ORANGE KILLING.
John ]. BOdkin on Trial for
Homicide.
ELAM's DYING DECLARATION,
A Jury Secured and the Trial Com
menced Before Judge Che
ney Yesterday.


with the killing of Lucius Elan, near
Orange, on November lst last, was
commenced yesterday morning before
Judge Cheney. The jury was COM
pleted as follows: William O'Connor,
J. A. Phillrin, George Gruminger, F.
M. Matthews, T. d. Cheney, p. r.
Ralph, d. L. Murriam, L. L. Price,
j. ID. Graham, A. F. Graham, G. W.
Cole and James Quill.
After the completion Of the jury the
trial was Immediately commenced.
District Attorney Dupuy and Judge
Carpenter appeared for the prosecution
and s. NJ. White and Mr.. Montgomery
defended the prisoner.
Dr. Andrew Mcfarland, ext Coroner,
was first called on behalf of the prose
cution. He said, 81 held an inquest
On the body of Lucius Elam last No
yember. There was gunshot wound
ut the left of the navel. It passed up
ward to the right through the lower
mart of the stomach and liver, strik-
ing the lungs, where the bullet was
found.
George Francis Jessen next testi.
fed. Was a neighbor of deceased
and also Of the prisoner. Saw Elan
ON November 1st, lying on the east
side of the ditch. On that day Bod
kin's daughter, a girl about IL years
of aye came over and told witness that
her father wanted to see him. Wit
ness went with her to Bodkin's gate
and their met Bodkin, his wife and
children. They were all exited. Bod
and take care of that man Elan,
have shot him in self Defense"
then went down to where Mr.. Elam's
body was lying on the edge of the
ditch. / asked Elam what was the
matter, and he replied that Bodkin
had shot him in the stomach. tried
to lift him and couldn't. l called fol
Bodkin and he came and assisted Inc
to carry Elam to his house which was
across the road, about fifty feet distant
From the time Elam was picked uI
until he was placed in the house moi
u word was spoken. He was suffer.
ing great pain. His shirt was bloody
but / did not see any wound. When
we got into the house we laid him on
the floor. He complained of pain and
kept saying, Don't touch me, don't
hurt me-" When we laid him down
on the floor he vomited. Before Bod
kin left he wanted to place the wound
ed man on the bed, but | thought il
was best to drop him as soon as posi-
bile 30 as to ralieve him of pain. We
placed pillow under his head ant
then Boikin departed. l remained
about ten minutes and did all coult
to relieve Elan. / loosened his vest
1 did not want the man to die on m,
hands. / went outside and foun(
Elam's horse hitched to a post.
took the animal and saddled him.
then rode to Mr.. Roberts and told hin
If the shooting. l then told Viii
SQuires of it and then rod,
back to the house. When l go
there l found Mr.. Roberts
and Mr.. Summers had arrived. Elan
had been placed on the bed. A
Elam's request l rode down to Par
ker's packing house and told his sis
ter that her brother was shot. WheI
1 returned to Elam's house there wert
many people there, among whom wer'
Summers and Squires. l saw Elan
afterwards during his sickness.
think he lived day; he was shot OF
Monday and died on Tuesday. On
Monday he told me he did not expec
to live. He groaned continually an(
appeared to be in great agony. HI
told me at least once that he was 90
ing to die"
The prosecution here endeavored t,
lay the foundation for dying declara
tion claimed to have been made by
the deceased. The defense objected
and an extended argument upon tn,
point was had. The matter was fin
ally passed, to be brought up at a flu
fure time.
Thomas A. West was then called OF
behalf of the prosecution. He sale
that he knew both the prisoner and
the deceased. He lived near them
About s o'clock on the fatal day h,
raw Elam lying on his bed. Witness
claimed to have made partial exam
ination and found that Elam had {
bullet wound in his stomach. Saw
B0dkin on that evening. He told me
that he had shot Elam. He was sit
ting in his buggy. l jumped in ant
placed him under arrest. He called
my attention to his pistol, which he
handed me and said that there was
but one chamber empty. He said
that he had shot Elam in self-defense
I took him before Justice Preen and
his preliminary examination was set
for November 3D."
Dr. ID. Seeber, a practicing physic-
ian at Orange, was next examined az
follows: 81 was Elam's attending
physician. | attended him when he
was shot. He had a wound in the
stomach about two inches to the left
of the navel, evidently caused by a
small bullet. l remained with him
two hours and administered an opiate
Tie next day l called and he was
still living. l also saw the body al
tisc post mortem. should judge that
he died from the effects OF the wound
Trumell Kent was next examined
~ follows: 81 live about three miles
frun Orange, and my place adjoinet
Eian's. I saw him on the fatal day
about 10 O'Clock. He was in bed ant
fisrea men were rubbing him. HI
was suffering great pain.
The prosecution then called j. H
t;erbardt. l am farmer and knew
Bodkin and Elam. Worked for thu
former on his ranch last Septembel
until November, picking his raisins
B0dkin was not at home at that time
While working for Bodkin saw hin
with q revolver. think he handed i
20 me to look at. He said that thu
D;str;ct Attorney gave it to him.
ave il back to him and he put it il
i,is pocket. I don't think that Bodkir
I'D for what purpose he carried tn,
vvapon. / can't exactly remembel
INT I don't think Bodkin said that the
D;rrict Attorney told him to get 4
4. -